Question by Alyssa: For the ladies in Arizona that have had their baby and used marijuana while pregnant! Help?
So has anyone used (and If not in Arizona please don’t comment) while pregnant and either you or baby tested positive for thc after birth?? Did the state do anything?

Best answer:

Answer by Erica
Currently there are no states that holds prenatal substance abuse as a criminal act of child abuse and neglect. But many have expanded their civil child-welfare requirements to include substance abuse during pregnancy as grounds for terminating parental rights in relation to child abuse and neglect. The laws that adress prenatal substance abuse are as follows:

Iowa, Minnesota, and North Dakota’s health care providers are required to test for and report prenatal drug exposure. Kentucky health care providers are only required to test.
Alaska, Arizona, Illinois, Louisiana, Massachusetts, Michigan, Montana, Oklahoma, Utah, Rhode Island and Virginia’s, health care providers are required to report prenatal drug exposure. Reporting and testing can be evidence used in child welfare proceedings.
Some states consider prenatal substance abuse as part of their child welfare laws. Therefore prenatal drug exposure can provide grounds for terminating parental rights because of child abuse or neglect. These states include: Arkansas, Colorado, Florida, Illinois, Indiana, Iowa, Louisiana, Minnesota, Nevada, Rhode Island, South Carolina, South Dakota, Texas, Virginia, and Wisconsin.
Some states have policies that enforce admission to an inpatient treatment program for pregnant women who use drugs. These states include: Minnesota, South Dakota, and Wisconsin.
In 2004, Texas made it a felony to smoke marijuana while pregnant, resulting in a prison sentence of 2-20 years.

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